Singapore man sentenced to 15 years’ jail & 12 strokes of cane for raping drunk woman
A 42-year-old married man has been sentenced to 15 years in prison and 12 strokes of the cane after being found guilty of raping a woman who had become severely intoxicated while celebrating her birthday.
The accused, Dhanabalan Fok Jin Jin, initially claimed the sexual encounter was consensual.
However, the court rejected his defence, determining that the victim was unconscious and therefore unable to consent.
Victim became intoxicated at Holland Village during birthday celebration
The incident occurred on the evening of 30 Jan 2021, when the victim, along with six friends, celebrated her birthday by consuming alcohol at Margarita’s restaurant and The Pit bar in Holland Village.
Source: chuttersnap on Google Maps, for illustration purposes only
After the night out, the victim and one of her friends were left stranded at the bus stop due to their inability to book a ride.
Fok and his friend, Lee Kit, observed the women from a distance and eventually offered them a lift. The victim, visibly intoxicated, accepted.
Defendant rapes victim after taking her to her home
As the victim’s inebriation worsened, she vomited and fell asleep. At 11.41pm, Fok took a photo of her asleep in his car.
Between 11.50pm and 12.10am on 31 Jan, he raped the victim on her own bed, while Lee digitally penetrated her.
Fok went to trial, claiming that the sexual encounter was consensual. However, experts testified that the victim’s blood alcohol content (BAC) at the time was 205mg/100ml, reaching its peak around the time of the assault.
Source: NikiLitov on Canva, for illustration purposes only
The experts stated it was “quite unlikely” that someone with her BAC could consent to sexual activity.
Further testimony from Lee revealed that the victim’s eyes were closed and she did not speak or react during the assault.
Man expressed fear of being identified by victim
During the trial, the defence questioned the credibility of Lee’s testimony.
However, Judge Valerie Thean pointed to audio recordings from Fok’s car after leaving the condominium complex. In their conversation, Lee expressed surprise when Fok revealed that the victim had woken up.
Both men also feared that the victim could identify them. Fok was heard saying they would “both also kena” if the victim filed a police report.
Later, the accused realised he had left his phone at the victim’s home, prompting both men to panic and return.
By the time they arrived, the victim had woken up and called the police.
Judge Thean concluded that the audio recordings indicated Fok’s guilt, as he would not have shown such fear if the sex had been consensual.
Furthermore, when questioned by the police on 31 Jan 2021, Fok denied having any sexual contact with the victim.
The judge noted that if the encounter had been consensual, Fok would not have lied to the authorities.
Defendant claims he can’t pay compensation despite driving Mercedes-Benz
On 24 Nov, Fok was sentenced to 15 years in jail, 12 strokes of the cane, and ordered to pay the victim S$18,524.12 in compensation for her therapy and antidepressant bills over the past four years, following her diagnosis with Post-Traumatic Stress Disorder (PTSD).
While Fok’s defence argued that he could not afford to pay the compensation, citing his recent job loss and family responsibilities, Judge Thean noted that Fok had a monthly salary of S$6,600, drove a Mercedes-Benz C180, and received rental income from tenants.
The prosecution also highlighted that Fok was still contributing to his Central Provident Fund (CPF), suggesting another source of income.
If Fok fails to pay the compensation, an additional four months will be added to his sentence.
Fok’s lawyer indicated that they would file an appeal.
Also read: Man allegedly rapes drunk woman after driving her home from Holland Village
Man allegedly rapes drunk woman after driving her home from Holland Village
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Featured image adapted from doidam10 on Canva (for illustration purposes only) and by MS News.
